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HTMLRecently Enacted New Jersey Laws Affecting Employers
Richard C. Mariani, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 8, 2016
In January, New Jersey Governor Chris Christie signed into law two new bills about which New Jersey employers should be aware. One creates an optional state retirement plan marketplace for small businesses, while the other directs the New Jersey Department of Labor and Workforce Development (NJDOL)...

 

HTMLThe High Costs of Violating Puerto Rico’s Breastfeeding in the Workplace Law: Supreme Court Decides Right to Privacy Claim
Ryan J. Correia, Enrique A. Del Cueto-Perez, Diana J. Nehro; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 14, 2016
Protections for breastfeeding employees in Puerto Rico just became even stronger. A recent ruling from Puerto Rico’s highest court in Siaca v. Bahía Beach Resort & Golf Club, LLC, held that failing to provide a safe, private, and hygienic space for employees who are nursing to...

 

HTMLNew STEM OPT Extension Rule Brings Welcomed Relief to Employers and International Students
Justin Coffey, Miguel A. Manna, Caroline Tang; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 9, 2016
On March 9, 2016, U.S. Department of Homeland Security (DHS) released an advance copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM). The official version of the final rule is scheduled...

 

HTMLFederal Contractor Alert From the 5th Circuit: Disability Plaintiffs Need Not Be Employees
Tiffany L. Cox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 7, 2016
In a case of first impression, the Fifth Circuit Court of Appeals held that Section 504 of the Rehabilitation Act of 1973 permits employment discrimination suits by independent government contractors. In Flynn v. Distinctive Home Care, Inc., the court held that unlike the Americans with...

 

HTMLSplit Ninth Circuit Decision Clarifies the Limitations of Tip Pooling
Gregory C. Cheng, Brooke S. Purcell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 3, 2016
In a split 2-1 decision, the Ninth Circuit Court of Appeals ruled in Oregon Restaurant and Lodging Association v. Perez (February 2016) that its 2010 decision in Cumbie v. Woody Woo, Inc. did not prevent the U. S. Department of Labor (DOL) from implementing regulations prohibiting all...

 

HTMLConnecticut Supreme Court Issues Landmark Favorable Ruling for Employers on Independent Contractor Status
William C. Ruggiero, Marc L. Zaken; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 15, 2016
In Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act, a case that will have significant implications for employers in Connecticut, the state’s supreme court clarified the “ABC Test,” finding that an employer is not required to pay unemployment...

 

HTMLWill Your Sick Leave or PTO Policy Satisfy DOL’s Paid Sick Leave Regulations for Federal Contractors?
Dara L. DeHaven, James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 13, 2016
The web of overlapping and incongruent paid sick leave laws in the United States just grew even more complicated. On February 24, 2016, the U.S. Department of Labor (DOL) added yet another set of paid leave obligations to the growing list of paid sick leave mandates that have been adopted by states...

 

HTMLVermont Becomes Fifth State to Require Paid Sick Leave
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 15, 2016
On March 9, 2016, Vermont Governor Peter Shumlin signed into law a measure that will make Vermont the fifth state to require employers to provide paid sick leave. Vermont’s new sick leave law bears similarities to some other states’ paid sick leave laws, but has its own unique features....

 

HTMLEqual Time for Union Organizers: How Far Will the NLRB Go?
David F. Loeffler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 8, 2016
Recently, 106 labor law professors and labor studies academics filed a rulemaking petition with the National Labor Relations Board (NLRB) seeking an administrative rule that would require employers to provide “equal time” to union organizers to campaign on employer-controlled premises...

 

HTMLCan Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?
Jana S. Baker, Jeanne Ellen Floyd, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 14, 2016
In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This NLRB decision found that an employer may not adopt a work rule that...

 


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